The Supreme Court has affirmed Yusuf Abba Kabiru of the New Nigeria People’s Party (NNPP) as the duly elected governor of Kano and dismissed the petition instituted against him by the All Progressives Congress APC and its governorship candidate, Nasir Yusuf Gawuna.
The Apex Court on Friday reversed the judgments of the Court of Appeal and the Kano State Governorship Election Petition Tribunal which nullified the election of the governor on miscarriage of justice.
Justice John Inyang Okoro who delivered the lead judgment held that the law and natural justice were turned upside down by the two courts below to arrive at the unjust and unfair decision.
Justice Okoro while voiding and setting aside judgments of the two lower courts said that miscarriage of justice in the ways and manners the petition against the governor was handled was manifesting.
The Court of Appeal and the Tribunal had in their concurrent judgments annulled the election of Governor Kabiru Yusuf of the New Nigeria People’s Party (NNPP) and declared
Nasiru Yusuf Gawuna of the All Progressives Party, (APC) as winner of the March 18, 2023 Kano Governorship election.
However, the Supreme Court held that two major fundermental flaws were discovered in the findings of the Tribunal and the Count of Appeal which led to an miscarriage of justice.
Among Justice Okoro said that the allegations of the APC that the Governor was not a member of the NNPP at the time he stood for the election and which the Tribunal used to overturn his victory is against the provisions of the law.
The Apex Court held that membership of the NNPP by the governor cannot be challenged by APC on the ground of being internal affairs of the party.
Justice Okoro held that the issue of party membership, it cannot be raised as a post election matters as done by the APC and its governorship candidate and wrongly upheld by the Tribunal and the Court of Appeal.
The Apex Court found that the Governor’s nomination was submitted to the Independent National Electoral Commission INEC in an NNPP letter head paper jointly signed by the party’ national Chairman and national Secretary.
Justice Okoro also held that since the nomination, no member of the NNPP had queried the action except the APC in its petition before the Governorship Election Petition Tribunal.
Besides, the Apex Court reversed the unlawful removal of 165, 616 votes from the total votes cast for the NNPP and its governorship candidate at the poll.
The Court said that there was no basis for the unlawful removal of the votes from the governor’s votes because the ballot papers used for the poll were duly issued by the Independent National Electoral Commission INEC.
The apex court dismissed the allegations that the ballot papers were not signed and stamped at the back
Justice Okoro said that there was no scintillating of evidence from any witness or documentary exhibits that the ballot papers were illegal and unlawful as erroneously concluded by the Court of Appeal
The Supreme Court therefore agreed with the governor that miscarriage of justice was perpetrated against him in the ways and manners his election was nullified.
Justice Okoro ordered that the 165, 616 votes unlawfully deducted from the governor be returned to him.
The Apex Court while allowing the appeal of the governor and the NNPP dismissed the two judgments earlier granted in favour of the APC and its governorship candidate on the ground that the judgments were erroneously entered in their favour.